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rahul gaikwad   25 February 2017

Company not paying salary

hello sir, my company is not paying salary.they told me u have not served notice period of 15 days.but i was in probation period.i worked 4 months in that company ,one day before leaving the company i submitted my resignation letter ,and i mention for further studies i am leaving this job ..my question is it mandatory to serve a notice period during probation period,can employer cut my salary?pls guide rahul gaikwad


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 22 Replies

Kumar Doab (FIN)     26 February 2017

Has the company issued offer letter or appointment letter or both?

Do you have copy of all and also resignation submitted by you and its proof dispatch delivery and acknowledgment by employer?

In resignation did you mention notice period/LWD or mentioned ‘resigning with immediate effect’?

Is notice period during probation period, after confirmation stated in appointment letter?

Has employer supplied acceptance of resignation, FnF statement to you?

Kumar Doab (FIN)     26 February 2017

While posting such queries employee should full information.

 

What is this establishment; Commercial, Industrial, Govt/private?

What is its line of business e.g; IT, banking?

Is it stated in appointment letter that you shall be under probation period for ………………..months?

You are employed in which state?

How many persons are employed in this company?

What was your designation and nature of duties?

 

 

rahul gaikwad   27 February 2017

Thanks for reply sir,Its small audio equipment company,i submitted resignation to my manager,i was juniour quality control engineer,and i have a copy of resignation letter with managers signature,yes in letter they wrote i am under probation for 6 months,atleast 70 person is working in the company,and till they have not generated my pf account,now they are asking me for my document to open pf avcount..pls guide

rahul gaikwad   27 February 2017

Thanks for reply sir,Its small audio equipment company,i submitted resignation to my manager,i was juniour quality control engineer,and i have a copy of resignation letter with managers signature,yes in letter they wrote i am under probation for 6 months,atleast 70 person is working in the company,and till they have not generated my pf account,now they are asking me for my document to open pf avcount..pls guide

rahul gaikwad   27 February 2017

Thanks for reply sir,Its small audio equipment company,i submitted resignation to my manager,i was juniour quality control engineer,and i have a copy of resignation letter with managers signature,yes in letter they wrote i am under probation for 6 months,atleast 70 person is working in the company,and till they have not generated my pf account,now they are asking me for my document to open pf avcount..pls guide

Ritesh Maity (Labour Law Advocate)     27 February 2017

Is there any terms related to leaving of service in your appointment letter particularly for the probationary period. 

Kumar Doab (FIN)     27 February 2017

You have not replied to all points pointwise.

You are employed in which state?

In resignation did you mention notice period/LWD or mentioned ‘resigning with immediate effect’? Is notice period during probation period, after confirmation stated in appointment letter?


rahul gaikwad   27 February 2017

I employed in maharashtra state And i resign with immediate effect,ya notice period is after confirmation,and there is no special term written in letter for probation period.

Kumar Doab (FIN)     27 February 2017

You may go thru:

The Bombay Shops and Establishments Act, 1948

38,38-B,66

https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94257/110577/F479460477/IND94257.pdf

Kumar Doab (FIN)     27 February 2017

The Act lays notice period for employer ( Not employee).

 

rahul gaikwad   27 February 2017

Thank you sir, I read that pdf it's quite difficult to understand law,but I got little bit, company can not deduct my salary for immediate resignation and they are not giving in written whatever they are telling me regarding the salary,my question is during probation period is it necessary to serve a notice period?? My probation period was 6 month and I submitted my resignation in 4th month.

rahul gaikwad   03 March 2017

Thanku sir,i want to know that is it necessary to serve notice period during probation period? Or notice period is applicable during probation period?

rahul gaikwad   03 March 2017

Waiting for your reply sir.

Kumar Doab (FIN)     03 March 2017

Take help of elders in the family, competent and experienced well wishers, employee’s/trade union leaders and local counsel specializing in Labor/service matters.

 

You have posted that:

“yes in letter they wrote i am under probation for 6 months,atleast 70 person is working in the company,and till they have not generated my pf account………….now they are asking me for my document to open pf avcount…………………….ya notice period is after confirmation”

Apparently: Your HR in company is not agreeing with you and is pressing that Notice period after 4 month’s of service (during probation period) applies.


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